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SCCS Revised Guidance for Testing of Cosmetic Ingredients and Their Safety Evaluation Addresses Nanomaterials

On November 7, 2018, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published the tenth revision of The SCCS Notes of Guidance for the Testing of Cosmetic Ingredients and Their Safety Evaluation.  The guidance contains relevant information on the different aspects of testing and safety evaluation of cosmetic substances in Europe.  The document states that it is designed to provide guidance to public authorities and to the cosmetic industry to improve harmonized compliance with the current cosmetic European Union (EU) legislation.  The guidance includes a section on special consideration for certain cosmetic ingredients that discusses nanomaterials, including:

  • Definition of nanomaterial: The guidance notes that Regulation (EC) No 1223/2009 specifically covers the use of nanomaterials in cosmetic products, providing a definition of nanomaterial, as well as a mechanism for notification, labeling, and safety evaluation of cosmetic products containing nanomaterials.  The Regulation covers mainly those nanomaterials that are intentionally produced and are insoluble/poorly-soluble or biopersistent (g., metals, metal oxides, carbon materials), and not those that are either completely soluble or degraded and are not persistent in biological systems (e.g., liposomes, oil/water emulsions);
  • Potential safety issues of nanomaterials: The guidance notes that SCCS has published “a more detailed specific Guidance on Risk Assessment of Nanomaterials (SCCS/1484/12) that is now being revised, a Memorandum on the Relevance, Adequacy and Quality of the Data Expected in Safety Dossiers on Nanomaterials (SCCS/1524/13, Revision of 27 March 2014), and a checklist for the applicants submitting dossiers on nanomaterials as cosmetic ingredients (SCCS/1588/17).”  The guidance lists special features of nanomaterials and suggests how the Responsible Person can address them when testing nanomaterials; and
  • Required information for nanomaterials: The information required by SCCS for the evaluation of nanomaterials as cosmetic ingredients is described in SCCS/1588/17 and SCCS/1484/12 (under revision).  The guidance states that the following aspects deserve special attention:
    • Although most analytical methods used routinely for chemical substances have not yet been validated for nanomaterials, a careful choice of mainstream method(s) should provide sufficient means to gather adequate characterization data for nanomaterials;
    • Where there is evidence for systemic absorption, further investigations are required to confirm whether the absorbed material was in a nanoparticle form or in solubilized/ionic/metabolized form. Where the absorption of nanoparticles cannot be ruled out either by experimental measurements or justified on the basis of solubility/degradation of the nanomaterial, the SCCS may apply a default approach and assume that 100 percent of the absorbed material was in nano form;
    • Surface modification/surface coating may bring about profound changes in a nanomaterial in regard to certain physicochemical properties and potentially the toxic effects; and
    • A full dataset would be preferable. As a minimum, in addition to safety data on the core nanomaterial, the SCCS would require:  information/data on each material used for surface modification/coating of the nanomaterial to indicate that it is safe for use in the intended cosmetic product; data on physicochemical properties of the surface-modified/coated nanomaterial to show that they have not significantly changed compared to either the same material when uncoated, or with a different surface modification/coating that has already been assessed safe by the SCCS; and data on dermal penetration, stability of the surface modification/coating, and (photo)catalytic activity, where relevant.
©2020 Bergeson & Campbell, P.C.


About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether...

Carla Hutton, Bergeson Campbell PC, global regulatory attorney, public health activists lawyer, metals industry legal counsel, Toxic Substances Control Act law
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.